By: WISCONSIN LAW JOURNAL STAFF//October 2, 2014//
By: WISCONSIN LAW JOURNAL STAFF//October 2, 2014//
Wisconsin Court of Appeals
Civil
Civil Procedure — declaratory judgment — issue preclusion
Nathan Leinweber and John Doe (collectively referred to as Leinweber) and Andrew Wirth appeal from an order granting State Farm Fire and Casualty Company’s motion for declaratory judgment. The order dismissed State Farm from the underlying tort action and relieved State Farm of the duty to defend and indemnify Wirth.
Leinweber and Wirth raise multiple arguments on appeal. Wirth argues that declaratory judgment was not procedurally appropriate after State Farm intervened in the underlying tort action. Leinweber argues that the circuit court erroneously exercised its discretion in deciding that issue preclusion does not apply to this case. Both Leinweber and Wirth argue that if issue preclusion does not apply, as the circuit court held, then there are issues of material fact that preclude declaratory judgment.
We conclude that declaratory judgment was procedurally proper, and that the circuit court did not err in deciding that issue preclusion does not apply or in granting declaratory judgment in favor of State Farm. Therefore, we affirm the order. Not recommended for publication in the official reports.
2014AP552 Leinweber et al. v. Wirth et al.
Dist IV, Jefferson County, Hue, J., Kloppenburg, J.
Attorneys: For Appellant: Guerin, D. Michael, Milwaukee; Keppel, Kathryn A., Milwaukee; Strohbehn, Christopher L., Milwaukee; For Respondent: Malloy, Mark D., Milwaukee